RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01119
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 12 September 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he was awarded the Purple Heart (PH)
medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
There was an oversight and he should have been awarded the PH medal. At
this stage in his life it would help to have this matter settled.
In support of his application, the applicant submits copies of excerpts
from his medical records and a copy of his DD 214.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty service on 27 July 1967. He was
honorably discharged and released from active duty in the grade of sergeant
on 13 April 1972. Applicant was credited with 4 years, 8 months and 18
days of active duty service to include 4 years, 2 months and 4 days of
Foreign Service.
The applicant’s records indicate he was assigned to duties in Vietnam. His
service medical records document, among other things, treatment for a
lacerated right forearm on 24 Dec 1968; however, it is not indicated as to
how the injury occurred.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR recommends denial. DPPPR explains, to be awarded the PH, a
member must provide a detailed personal account, eyewitness statements and
medical documentation to show the wound received treatment by medical
personnel and occurred as a direct result of enemy action. DPPPR states
they were not able to verify if the applicant was injured due to direct
enemy action or locate official documentation that verifies such. In
addition, the applicant has not provided corroborating, certified
eyewitness statement(s).
The complete DPPPR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In his response dated 21 May 07, the applicant states his injuries were
sustained when an explosion sent glass and other material his direction.
He was close enough to feel the heat from the round. The people who
assisted him and took him to the hospital were not in his immediate unit
and he was not aware of who they were.
The glass was from a vehicle or window. Glass was not a common material on
base and he was not installing windows during his tour. He was asked if he
wanted to receive the PH medal, but he said he was not sure because he did
not want to worry his parents.
The applicant’s complete submission is at Exhibit E.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. We took notice of the applicant’s
contention that he should be awarded the Purple Heart for injuries
sustained during his assignment in Vietnam. After a thorough review of his
submission we are not persuaded that he should be awarded the Purple Heart
Medal. There is no corroborating evidence, medical or otherwise, that the
injuries he alleges he sustained were a direct result of enemy action. In
addition, the applicant did not provide supporting documentation from
eyewitnesses or testimony from other former members of his unit who were
with him at the time that can account for his injuries. Therefore, we
agree with the opinion and recommendation of the Air Force office of
primary responsibility and adopt their rationale as the basis for our
conclusion that the applicant has not been the victim of an error or
injustice.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of material error or injustice; that the application was
denied without a personal appearance; and that the application will only be
reconsidered upon the submission of newly discovered relevant evidence not
considered with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2007-
01119 in Executive Session on 19 July 2008, under the provisions of AFI 36-
2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Teri G. Spoutz, Member
Ms. Patricia R. Collins, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Apr 07 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 24 Apr 076.
Exhibit D. Letter, SAF/MRBR, dated 4 May 07.
Exhibit E. Letter, Applicant, dated 21 May 07.
MICHAEL K. GALLOGLY
Panel Chair
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